One of the biggest reasons why people don’t use a prenup is sentimental: The prenup just doesn’t feel romantic, and that’s what people are focused on more than anything else. While that makes sense, it’s important to note that a prenup is a useful legal document, no matter how unromantic it may seem, so it can be wise to ignore the sentimentality and have one drafted.
For one thing, the prenup can split up both your assets and your debts in the event of a divorce. This can especially be useful for those who are getting married and planning to accumulate more student loans, perhaps by going to grad school, or who will need loans to buy things like cars and a house, rather than paying in cash. You don’t want a short marriage to leave you with half of your spouse’s debt.
For those getting married a second time, inheritance issues could become very important. You may want to ensure that what you have goes to your kids from your first marriage, not to a new spouse, if things don’t last very long.
Couples who are getting married at an older age may also want to define the rights that each party has when it comes to the family home. You may have already bought houses separately, so you need to make sure it’s very clear who owns what house and what rights you each have — especially if one party will be selling his or her home.
This isn’t to say that there isn’t room for emotion and sentimentality in a marriage, because there clearly is, and it’s natural for couples to focus on it. As you can see, though, it’s also wise to step back and think about the legal side of things in Texas.
Source: The Street, “6 Reasons to Put Aside Sentimentality and Get a Prenuptial Agreement,” John Persinos, accessed July 22, 2016
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